beta
(영문) 광주지방법원 2016.01.14 2014가합63188

이사장선임 결의무효 확인 청구의 소

Text

1. Each of the actions of Plaintiffs A and F shall be dismissed.

2. Plaintiffs B, C, D, Plaintiff E, Plaintiff G, Plaintiff H, and Plaintiff I.

Reasons

1. Basic facts

A. In 1948, the Jando Association (hereinafter “Jando Association”) is an organization established for the purpose of raising the students of the J region, raising the students of the J as well as promoting their friendship and mutual assistance among the members, and members of the Jando Association established the Defendant for the purpose of Chinese fishing-centered education for the children of the J region.

B. The defendant was operated without a sexually cultural articles of incorporation, which was first made by the articles of incorporation on June 1, 2001, and was revised around August 2008.

The above articles of incorporation shall have the board of directors as the highest deliberative body of the defendant, and when the board of directors elects the executive director, the board of directors shall have the executive director exercise the power.

C. On September 2, 2010, the UNFCCC opened a board of directors on September 2, 2010, and that L, etc. passed a resolution to the effect that it establishes and operates the Gyeong school.

At the time of the above resolution by the KIG Association, Plaintiff A, the principal director of the Plaintiff C, and the Defendant’s managing director, who were the Defendant, exercised their authority as the Defendant’s managing director on August 2012 until their terms expire.

E. On January 26, 2013, the Defendant opened a board of directors; (1) established M&A as the Defendant’s subsidiary; (2) amended the Defendant’s articles of incorporation; (3) audited the Defendant; and (4) passed a resolution to appoint L/C as the president of the KGU as the Defendant’s representative.

F. On August 22, 2014, around the expiration of the term of office of the said L, the members of the Diplomatic Association elected K as the next president by election.

On September 4, 2014, the board of directors of the Diplomatic Association convened on the resolution of September 4, 2014 adopted a resolution to change the representative of real estate registered in the name of the defendant, such as N School Site 4737 square meters, as ① the articles of association of the Diplomatic Association was amended, ② L has retired from the president of the Diplomatic Association and K has taken office as the president.

However, the minutes of the board of directors shall be the subject of the resolution on the premise that the defendant was integrated into the Korean Association.